Title 2 - Administration and Personnel

2.66.1235 Promotions.

All promotions shall be made on the basis of merit and overall qualification for the position applied for as determined by the examination and selection process reviewed and approved by the Civil Service Commission, without regard to political affiliation.

(History: Ord. CSC-2697 §7, 2007)

Effective on: 1/1/1901

2.66.1240 Promotional Process.

The promotional process for all commissioned police officer positions covered by the Civil Service Commission shall be developed by the Chief of Police or his or her designated representatives and reviewed by the Director of Human Resources. The promotional process will be reviewed and approved by the Civil Service Commission prior to the administration of the examination or promotional process to ensure the process or exam fairly and effectively tests the applicants. The Chief of Police shall be responsible for posting in a timely fashion all notices to participate in promotional examinations or processes. All applications for promotional examinations shall be filed with the Civil Service Commission in writing.

(History: Ord. CSC-2579 §1, 2005; CSC-1983 §25, 96) [Source or prior law: 2.66.600]

Effective on: 1/1/1901

2.66.1250 Time in Service and Time in Grade for Promotion Eligibility.

No person shall be eligible for promotion from the grade of police officer to sergeant unless immediately prior to the date of examination or the beginning of the selection process, the person to be examined has completed a total of five consecutive years of service as a law enforcement officer of which the final three full, consecutive years of service were with the Overland Park Police Department, provided breaks in service of no more than ninety days shall be considered de minimis and shall not be considered in calculating the consecutive years of service requirement.

(History: Ord. CSC-2945 §2, 2012; CSC-2697 §8, 2007; CSC-2594 §2, 2005; PD-2372 §6, 2002; CSC-2340 §1, 2001; CSC-2229 §1, 2000; CSC-2158 §2, 99; CSC-1983 §26, 96) [Source or prior law: 2.66.750]

Effective on: 1/1/1901

2.66.1260 Filling Vacancies.

The Chief of Police may elect to fill vacancies by (1) promotion from within the department or (2) hiring from outside the department. Whenever the Chief of Police determines there are vacancies to be filled in the rank of sergeant by promotion from within, the Chief of Police shall notify the Civil Service Commission of such vacancy. In the event the Chief of Police elects to hire from outside the department to fill the vacancy, the provisions of this Chapter relating to hiring shall apply.

(History: Ord. CSC-2945 §3, 2012; CSC-2697 §9, 2007; CSC-2594 §3, 2005; PD-2372 §7, 2002; CSC-2158 §2, 99; CSC-1983 §27, 96) [Source or prior law: 2.66.650]

Effective on: 1/1/1901

2.66.1270 Notice of Eligibility to Compete.

As soon as practical after closing the application period for the promotion process, the chairperson of the Civil Service Commission shall notify all applicants whether they meet the minimum eligibility requirements to compete in the promotion process.

(History: Ord. CSC-2229 §2, 2000; CSC-1983 §28, 96) [Source or prior law: 2.66.630]

Effective on: 1/1/1901

2.66.1280 Notice of Promotional Process Results.

As soon as practical after the completion of any promotional process, the chairperson of the Civil Service Commission shall individually notify all those who participated in the process of the results of the promotional process or examination to include the individual's score and relative ranking as appropriate.

(History: Ord. CSC-2229 §3, 2000; CSC-1983 §29, 96) [Source or prior law: 2.66.620]

Effective on: 1/1/1901

2.66.1290 Promotional Eligibility List.

As part of each promotional examination or process, the Civil Service Commission shall establish a final promotion eligibility list for that process which shall be maintained by the Department Personnel Section. Individual test scores and results will not be posted. The certification shall include the examination scores of each candidate on the list. When an appointment is to be made to the rank for which the promotion list has been certified, the appointment shall be made from such eligibility list in rank order until all candidates are promoted or otherwise removed from consideration or the expiration of one year, whichever occurs first.

(History: Ord. CSC-2697 §10, 2007; CSC-2229 §4, 2000; CSC-1983 §30, 96) [Source or prior law: 2.66.630]

Effective on: 1/1/1901

2.66.1300 Removal from Eligibility List.

Any person listed on a current eligibility list who receives disciplinary action during the period their name is on the eligibility list may be removed from the eligibility list by the Chief of Police. Persons may also be removed from the eligibility list for any valid and documented reason that pertains to their inability to function within the rank to which they may be promoted. If an eligible person on the list declines promotion, that person's name will be removed from the eligibility list. Persons whose names are involuntarily removed from the eligibility list may appeal the action to the Civil Service Commission. The name of any person eligible for a probationary promotion, who declines such promotion, shall be stricken from the eligibility list unless such declination is made for:

1. A.
   Temporary inability, physical or otherwise, the evidence of which must be acceptable to and approved by the Civil Service Commission and set forth in its minutes;
2. B.
   Where the appointment is to be for a temporary period only.

In such events, eligible candidates for promotion shall not lose his or her position upon the eligibility list by reason of declining promotion.

(History: Ord. CSC-1983 §31, 96) [Source or prior law: 2.66.640]

Effective on: 1/1/1901

2.66.1310 Probationary Period.

Promotions made from the lists of persons certified by the Civil Service Commission and appointments shall be for such probationary periods as set forth in the Employee Handbook. If the performance of a newly appointed police officer be unsatisfactory during the probationary period, the individual shall be notified in writing that their performance is unsatisfactory and he or she will not be retained. The termination is not subject to appeal to the Civil Service Commission. If the performance of a newly promoted individual be unsatisfactory, the individual shall be notified in writing that their performance is unsatisfactory and they are being demoted to their former rank. The demotion is not subject to appeal to the Civil Service Commission.

(History: Ord. CSC-1983 §32, 96)[Source or prior law: 2.66.660 and 2.66.690]

Effective on: 1/1/1901

2.66.1320 Disciplinary Suspension, Demotion and Termination.

No police officer below the rank of Captain who has successfully completed the probationary period shall be suspended, demoted or terminated for disciplinary reasons, except for misconduct, insubordination, failure to perform his or her required duties or disobedience of his or her orders or material false statements, deception or fraud (practiced or attempted) in the hiring process. The Chief of Police may suspend, demote or terminate any such officer for such disciplinary reasons; provided, the officer shall have the right to appeal such action as provided herein.

(History: Ord. CSC-2697 §11, 2007; PD-2372 §8, 2002; CSC-2158 §2, 99; CSC-1983 §33, 96) [Source or prior law: 2.66.770]

Effective on: 1/1/1901

2.66.1330 Appeals to Civil Service Commission.

Any police officer below the rank of Captain who is subject to the jurisdiction of the Civil Service Commission, who has successfully completed the probationary period, may, within five days, appeal any discharge, suspension or demotion, except in the case of a reduction in force, to the Civil Service Commission, which shall fully hear and determine the matter in accordance with rules and regulations promulgated by the Commission for the conduct of such hearings. Such police officers must notify in writing the police department and the Civil Service Commission of his or her intent to appeal within the five-day period. The Civil Service Commission shall have the power to enforce the attendance of witnesses, the production of books or papers and the power to administer oaths. The Commission shall have the authority, after a full and complete hearing on an appeal, to sustain or alter the disciplinary action; provided, it does not have the power to enhance the disciplinary action. The decision of the Commission is binding upon such officer and the Police Department. Either party may appeal such decision to the District Court of Johnson County as provided by law.

(History: Ord. CSC-2697 §12, 2007; PD-2372 §9, 2002; CSC-2158 §2, 99; CSC-1983 §34, 96) [Source or prior law: 2.66.775]

Effective on: 1/1/1901

2.66.1340 Reduction in Force.

1. A.
   Reappointment. In the event any commissioned police officer position is abolished due to a reduction in force and recreated within two years, the person who held such position at the time it was abolished shall be reappointed to the position without examination provided the person has remained an employee of the police department during the period.
2. B.
   Reemployment. In the event any position of sergeant is abolished due to a reduction in force and the employee holding the position is not retained by the City, the employee's name shall be entered by the Civil Service Commission on any eligibility list for the rank the person previously held and given priority in filling subsequent vacancies in that position or other positions for which the person is eligible. In the event any police officer position below the rank of Captain is abolished due to a reduction in force and the employee holding the position is not retained by the City, the employee's name shall be retained by the City for the position, and the person will be given priority over new applicants in filling subsequent vacancies for such position. Individuals whose names are placed on the eligibility list or are eligible for a patrol officer position as provided herein shall be dropped at the expiration of one year; provided, however, that the employee shall retain all of his or her rights under the Veterans Reemployment Act and other applicable state and federal law.

(History: Ord. CSC-2945 §4, 2012; CSC-2697 §13, 2007; CSC-2594 §4, 2005; PD-2372 §10, 2002; CSC-2158 §2, 99; CSC-1983 §35, 96) [Source or prior law: 2.66.430]

Effective on: 1/1/1901